Charlton, Clinton among towns scrutinizing ice cream vendors

Ice cream vendor Eric C. Cassim said he understands why people in his business would be subject to criminal background checks, but fingerprinting them might be going too far.

Understandably, authorities want to make sure that people who are around children don't have serious criminal histories, said the 52-year-old Mr. Cassim this week. He has been selling ice cream in Sturbridge, Southbridge, Holland, Brookfield and Worcester for about two years. He previously sold ice cream in North Carolina.

A state law went into effect a year ago that allows communities to obtain state and federal fingerprint criminal history on occupations such as ice cream vendors.

According to the attorney general's office, Charlton, Dudley, Barre and Clinton have since adopted bylaws, as have 14 other communities outside of Worcester County.

Three other communities in the state have pending bylaw requests with the attorney general's office.

The statute includes liquor license holders, hawkers and peddlers, taxi drivers, solicitors and canvassers; junk, antiques and second-hand-item dealers; and used car dealers.

By local ordinance, the fingerprints are used for state and national criminal records checks.

Webster recently approved the bylaw at town meeting. Webster Police Chief Timothy J. Bent said he will be working with selectmen on a local rule, which would have to be approved by the attorney general and state and federal agencies.

Chief Bent said the local option rule simply adds a layer of protection for certain people going door-to-door to sell products.

Before issuing a local permit, authorities want to know if the license requester committed serious crimes elsewhere, he said.

“We don't feel that background checks that we do locally are enough,” the chief said.

Chief Bent said he hadn't found any concerns with local ice cream vendors, but nationwide “it's quite a concern.”

Chief Bent said Oxford is taking a looking at proposing a similar measure for town meeting.

“Here in South Worcester County we like to be ahead of the curve, so to speak,” he said.

Kim Desy of Sturbridge, who has sold ice cream in the area since 2006 but won't be selling this summer because she's bought an out-of-state bed and breakfast, said she is 100 percent behind fingerprinting ice cream vendors.

Ms. Desy said she had already been conducting CORI, or Criminal Offender Record Information, checks of her employees.

“As far as I'm concerned, I absolutely believe in fingerprinting,” she said. “No criminal records, no pedophiles, and their driving record should come into account, when working for my company anyway,” she said.

Ms. Desy said she looks skeptically at ice cream vendors that don't have lettering on their trucks.

Often based out of state, these so-called “weekend warriors” have in some cases driven off after skimping a child of his change, and they don't pay taxes or apply for town permits, she asserted.

It had already fingerprinted its only other licensed vendor, Suzy Q's.

Charlton applicants pay $50 for the fingerprints, of which $30 goes to the state and $20 goes to the town, Chief James A. Pervier said.

In most communities, the applicant pays a $100 fingerprinting fee, but Charlton decided it wanted to charge a lower fee, Chief Pervier said.

This isn't about trying to be busier or create another layer of government, he said.

The chief suggested 95 percent of vendors who come for a license are legitimate business people.

The others he classified as “hit and run” scam artists.

In Chief Pervier's view, the bylaw attempts to protect the public from people trying to sell an inferior product or one they'll never produce.

Chief Pervier said he couldn't recall having to run an ice cream truck out of town, but there have been instances of door-to-door salesmen trying to get into a home to try to steal.

They attempt to occupy the owner, ask for a glass of water or to use the bathroom, and then try to grab jewelry, cash or credit cards.

In recent days in Charlton, he said, a man reportedly tried to sell Omaha steaks on the street. The problem is the safety of the meat has to be checked. Often times street peddlers refreeze their meat, he said.